The ban also applies to 31 other protesters arrested that day during a health-care sit-in after they refused to clear the hallways outside legislative leaders’ office. The ban was a condition of the protesters’ release from jail, set by Wake County magistrate Jeffrey L. Godwin as he charged them with second-degree trespassing. General Assembly Police Chief Martin Brock said Friday that his agency didn’t ask the magistrate to set those conditions, but he said he plans to make the request for future arrests of protesters.

Geeta Kapur, an attorney for Barber and the NAACP, says the ban is unconstitutional. She points to the provision in the state constitution that says “the people have a right to assemble together … to instruct their representatives, and to apply to the General Assembly for redress of grievances.” She pointed to a 2013 decision by a judge to throw out a similar ban on arrested protesters. Since then, most arrests at “Moral Monday” protest events have not included a ban on entering the Legislative Building as a condition of release.

The GOP is notorious for resurrecting bad ideas and questionable legal practices every few years or so, just to see if they will stick, and this ban is no different. And if another judge throws it out, they’ll do it again next year or the year after. Precedent? We don’t need no stinking precedent, we make this shit up as we go.

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